Narrative:

Our departure clearance for runway 3 usually restricts us to 2000'. Shortly after contacting departure we were cleared to 4000'. Climbing out of 3000' I turned to make a comment to my first officer (PF) and saw small aircraft Y in his side dv window heading towards us at 3000'. I pulled back on the controls to expedite our climb. Shortly thereafter we leveled at 4000', the controller asked us for our altitude. He never called any traffic to our attention at any time. It was only after we questioned the position of small aircraft Y that we were informed that it was small aircraft Y level at 3000' in his control. Later on a conversation with the tower supervisor I was told that the controller in question was experienced and small aircraft Y target had no flag. Still, if known traffic is at 3000', why were we cleared to 4000' to cross in front?

Google
 

Original NASA ASRS Text

Title: ACR MDT TOOK EVASIVE ACTION TO AVOID COLLISION WITH SMA AT 3000' IN TCA.

Narrative: OUR DEP CLRNC FOR RWY 3 USUALLY RESTRICTS US TO 2000'. SHORTLY AFTER CONTACTING DEP WE WERE CLRED TO 4000'. CLBING OUT OF 3000' I TURNED TO MAKE A COMMENT TO MY F/O (PF) AND SAW SMA Y IN HIS SIDE DV WINDOW HEADING TOWARDS US AT 3000'. I PULLED BACK ON THE CONTROLS TO EXPEDITE OUR CLB. SHORTLY THEREAFTER WE LEVELED AT 4000', THE CTLR ASKED US FOR OUR ALT. HE NEVER CALLED ANY TFC TO OUR ATTN AT ANY TIME. IT WAS ONLY AFTER WE QUESTIONED THE POS OF SMA Y THAT WE WERE INFORMED THAT IT WAS SMA Y LEVEL AT 3000' IN HIS CONTROL. LATER ON A CONVERSATION WITH THE TWR SUPVR I WAS TOLD THAT THE CTLR IN QUESTION WAS EXPERIENCED AND SMA Y TARGET HAD NO FLAG. STILL, IF KNOWN TFC IS AT 3000', WHY WERE WE CLRED TO 4000' TO CROSS IN FRONT?

Data retrieved from NASA's ASRS site as of August 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.